Memorandum by the
Department of Trade and Industry
1999 (S.I. 1999/1751)
1. After considering
the above instrument the Joint Committee on Statutory Instruments
has requested that the Privy Council Office submit a memorandum
on the following point:
Ought not the reference
in article 4(3) to section 14(5) of the Copyright Act 1988 to
be a reference to section 14(2)?
2. This request concerns
a point of drafting and the Privy Council Office has agreed with
the Department of Trade and Industry that the Department shall
reply directly to the Committee.
3. Article 4(3) concerns
the modification of the application of Part I of the Copyright
Designs and Patents Act 1988 in relation to repeats of broadcasts
and cable programme services. Section 14(5) of the Copyright,
Designs and Patents Act 1988 concerns the duration of copyright
in a repeat broadcast or cable programme. The Department considers
that the reference to section 14(5) is correct.
4. The Copyright (Application
to other Countries) Order 1993 (S.I. 1993/942) made a reference
to section 14(2). Section 14 of the Copyright, Designs and Patents
Act 1988 was substituted by the Duration of Copyright and Rights
in Performances Regulations 1995 (S.I. 1995/3297) regulations
4 and 7(1), subject to transitional provisions and savings specified
in regulations 12-35 thereof. The content of the original section
14(2) and the current section 14(5) is identical.
16 July 1999